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Fireworks - What's legal in New York State in 2018??

As we approach Fourth of July, you've probably seen the tents going up for fireworks sales.

Here in New York State those tents are only supposed to be selling "sparkling devices" the only thing legal.

However, even those aren't legal in some counties, including Schenectady and Columbia counties.

See full story by CBS 6, Albany HERE

"We have to remember that these devices can burn up to 2-thousand degrees which could create a very bad burn injury," said Kayley Morgan Is a fire Protection Specialist for the Office of Fire Prevention and Control.

"Protect the ones you love. Make sure that you are reading the label, know what the device is going to do and how it's going to react," said Morgan.

She reminds us that even In the counties where sparkling devices are legal, the law says you have to 18.

So what is legal in the state? No fireworks. Even though signs call them fireworks, the tents are supposed to be selling only sparkling devices.

Those are described by the state as ground based or handheld devices that produce a shower of colored sparks and or a colored flame, crackling or whistling noise and smoke.

All other types of consumer fireworks, including Roman candles are illegal.

Morgan says never relight a device that didn't work, instead soak it in water.

She says have water nearby when using these, but urges you instead to go to a public display where professionals light up the skies safely.

More information:

New York State Law allows for the sale and use of a specific category of consumer fireworks known as Sparkling Devices.

Sparkling Devices are ground based or handheld devices that produce a shower of colored sparks and or a colored flame, audible crackling or whistling noise and smoke. The law limits the type, size and construction of Sparkling Devices and requires that these devices must be hand held or mounted on a base or spike and be limited in sizes that range from 1 to 500 grams of pyrotechnic composition.

Sale and use of Sparkling Devices is legal in counties and cities that have NOT enacted a local law pursuant to section 405.00 of the Penal Law of NY.

The Office of Fire Prevention and Control has been notified that the following counties have prohibited the sale and use of Sparkling Devices: Bronx, Columbia, Kings, Nassau, New York, Queens, Richmond, and Schenectady.

Sales of Sparkling Devices by certified temporary stands or tents can only occur from June 20 to July 5 and December 26 to January 1. All other types of consumer fireworks, including firecrackers, bottle rockets, roman candles, spinners and aerial devices, remain illegal statewide.


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